Care of Children
Family Law is one of those areas which is constantly being changed by legislation. Current changes take into account that children are now considered to be the most important class of individual to be protected when parents separate and/or divorce. The Family Law Act 1975 specifies that the object of the Act is "to ensure that children received adequate and proper parenting to help them achieve their full potential and to ensure that parents fulfil their duties and meet their responsibilities concerning the care, welfare and development of their children". The central facts in this area are what is in the best interests of the child and both parents are to have a meaningful involvement in the child's life. The new concept of equal shared parental responsibility does not necessarily mean that both parents will necessarily be given equal time with their child/children. Equal shared parental responsibility contemplates the word substantial and significant time with the parent. The caveat on equal shared parental responsibility contemplates what is reasonably practicable and where it is not then the question becomes one of substantial or significant time with the parent.
It is important to remember that these reforms put children first and that they are entitled to be protected from harm. Although equal shared parental responsibility is contemplated this will not occur where children are put at risk. Parents are given the opportunities to work together to determine what is in the best interests of the child to avoid conflict in court. Children are to be protected from violence or abuse. Equal shared parental responsibility is not about spending equal time with parents but rather parents being given the opportunity to participate equally in decisions which affect their child/children's futures. Sharing time with parents is part of it but more importantly is the need to protect children from harm. Where violence or abuse is a threat then equal shared parental responsibility no longer applies.
Current changes to the Family Law system commenced on 1/7/06 and will be phased in over time. The new system relies upon co-operation from separated parents working out arrangements with children so that they don't have to go to court. A parenting plan may be entered into by parents which sets out the parenting arrangements for children provided it is in writing, dated and signed by both parents. A parenting plan provides for the structured responsibilities of parents as they involve children including the practical considerations of a child's daily life. Parenting plans are to be voluntary so they can be changed at any time provided both parents consent. Parenting plans are not legally enforceable but they will be taken into account by a court when making a parenting order in relation to a child. The extent to which parents have complied with their obligations with children will also be considered by the court.
From mid-2007 parents will be required to attend family disputes resolution sessions in an effort to resolve issues and disputes before taking a parenting matter to court.
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Care of Children Articles
Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One
Date: February 24, 2008
Author(s): LAC Lawyers
Family Law - Can A Marriage Registered Overseas (Asia) Be Dissolved In Australia
Date: March 15, 2010
Author(s): Pheba Netto LL.B. (Hons)
There are many Malaysians who have now made Australia their home. Some come here to study, some to relocate with their families and some come here as a result of breakdown of marriage. When there is a marital breakdown, people sometimes leave their home country without finalising their divorce or custody matters. What then can they do now that they are here in Australia?
Family Law - Child Relocation, Child Custody, Parenting Plans
Date: January 16, 2009
Author(s): LAC Lawyers
Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): Carol Grimshaw LL.M., B. Legal Studies, Adv. Dip. Bus.
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Family Law - Responsible parents: the legal approach to raising children
Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
Family law - Seperation
Date: August 09, 2010
Author(s): Pheba Netto LL.B. (Hons)
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.
Family Law - The Divorce Process
Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.
Family Law - The importance of a instructing a lawyer when applying for divorce
Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Family Law - Who gets the kids?
Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.